25-4161. Complaint, confidentiality and determination of sufficiency; investigation; notification of attorney general of violation of other laws; dismissal or hearing on complaint; remedies and protec - Kansas Statutes

25-4161

Chapter 25.--ELECTIONS Article 41.--ELECTION CAMPAIGN FINANCE; GENERAL

      25-4161.   Complaint, confidentiality and determination of sufficiency;investigation; notification of attorney general of violation of other laws;dismissal or hearing on complaint; remedies and protections for state employeesfiling complaints.(a) If a complaint is filed and the commission determines that suchverified complaint does not allegefacts, directly or upon information and belief, sufficient to constitutea violation of any provision of the campaign finance act, it shall dismissthe complaint and notify the complainant and respondent thereof.

      (b)   Whenever acomplaint is filed with the commission alleging a violation of a provisionof the campaign finance act, such filing and the allegations therein shallbe confidential and shall not be disclosed except as provided in thecampaign finance act.

      (c)   If a complaint is filed and the commission determines thatsuch verifiedcomplaint does allege facts, directly or upon information and belief,sufficient to constitute a violation of any of the provisions of thecampaign finance act, the commission shall promptly investigate the allegedviolation.

      (d)   The commission shall notify the attorney generalof any apparent violation of criminal law or other laws not administered bythe commission, which is discovered during the course of any suchinvestigation.

      (e)   If after the investigation, the commissionfindsthat probable cause does not exist for believing the allegations of thecomplaint, the commission shall dismiss the complaint. If after suchinvestigation, the commission finds that probable cause existsfor believing the allegations of the complaint, such complaint shall nolonger be confidential and may be disclosed. Upon making any such finding,the commission shall fix a time for a hearing of the matter, which shall benot more than 30 days after such finding. In either event the commissionshall notify the complainant and respondent of its determination.

      (f)   The remedies and protections provided by K.S.A. 75-2973 and amendmentsthereto shall be available to any state employee against whom disciplinaryaction has been taken for filing a complaint pursuant to this act.

      History:   L. 1981, ch. 171, § 20; L. 1984, ch. 145, § 2;L. 1988, ch. 369, § 1;L. 1990, ch. 129, § 5;L. 1991, ch. 150, § 14; July 1.